Reply to Sibling rivalry and Power of attorney duties

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Reply to "Sibling rivalry and Power of attorney duties - anyone gone thru this?"

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[quote=Anonymous][quote=Anonymous]OP here. Grandma was diagnosed with dementia but has not yet been declared incompetent.

All of this is so sad - we used to be a pretty close family. None of us could have anticipated any of this.[/quote]

Then she can revoke the POA to your aunt only if she is actually competent. If she does it and is not competent to make that sort of decision, then your aunt can take this to court.  It isn't difficult to find a doctor to testify regarding competence, or lack thereof, even after the fact.

The PP who mentioned Medicaid brings up an excellent point. MA looks back five years on how the money was spent. If it was t for her care, she will be denied for whatever period they deem she would have been able to pay for her own care had the money been spent properly.

While I think your situation is really difficult, I don't think it's a good idea to be named sole POA or to have a POA that is set up where each of the decision makers can act independently in your situation. Checks and balances help in the event of litigation. Right now, your parents are at risk of getting stuck with providing for your grandmother. But if they were some POA, any decision can be challenged which leads to costly litigation.

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